S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10306

                          I N  A S S E M B L Y

                              May 20, 2016
                               ___________

Introduced  by  M.  of  A.  MALLIOTAKIS -- read once and referred to the
  Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to  requir-
  ing  reasonable  efforts  be made in determining the owners of certain
  animals

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  7-a  of  section  117 of the agriculture and
markets law, as amended by chapter 83 of the laws of 2011, is amended to
read as follows:
  7-a. Any animal in the custody of a pound or shelter shall, AFTER  THE
EXPIRATION  OF  THE APPROPRIATE REDEMPTION PERIOD PRESCRIBED BY SUBDIVI-
SIONS SIX, EIGHT AND NINE OF THIS SECTION AND SUBJECT TO THE  PROVISIONS
OF SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER, be made available
for  adoption  PURSUANT  TO THE PROVISIONS OF SUBDIVISION TWO OF SECTION
THREE HUNDRED SEVENTY-FOUR OF THIS  CHAPTER  or  euthanized  subject  to
[subdivisions  six,  eight  and nine of this section and subject to] the
provisions of section three hundred seventy-four of this chapter  [after
the  time  for  redemption  has  expired];  provided, however, that such
release may be made to another such pound, duly incorporated society for
the prevention of cruelty to animals, duly incorporated  humane  society
or  duly incorporated animal protective association for the sole purpose
of placing such animal in an adoptive home, when such action is  reason-
ably believed to improve the opportunity for adoption.
  S  2. Subdivision 2 of section 374 of the agriculture and markets law,
as amended by chapter 449 of the laws of 2010, is  amended  to  read  as
follows:
  2.  In  the absence of such findings or certification, a duly incorpo-
rated humane society, a duly incorporated society for the prevention  of
cruelty  to  animals,  or  any  pound maintained by or under contract or
agreement with any county, city, town or village [may after  five  days]
SHALL,  AFTER  THE  EXPIRATION OF FIVE DAYS OR THE APPLICABLE REDEMPTION
PERIOD PRESCRIBED BY SUBDIVISIONS SIX, EIGHT AND  NINE  OF  SECTION  ONE
HUNDRED  SEVENTEEN  OF THIS CHAPTER, WHICHEVER IS LONGER, make available

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14243-02-6

A. 10306                            2

for adoption AFTER A REASONABLY PRACTICABLE PERIOD  WHICH  IS  NOT  LESS
THAN  NINETY  DAYS  or  have  humanely  destroyed in accordance with the
provisions of this section [and subject to subdivisions six,  eight  and
nine  of  section  one  hundred eighteen of this chapter], any animal of
which possession is taken as provided  for  in  the  preceding  section,
unless  the  same  is  earlier redeemed by its owner; PROVIDED, HOWEVER,
THAT SUCH DULY INCORPORATED SOCIETY,  POUND  OR  SHELTER  SHALL  MAKE  A
REASONABLE  EFFORT  TO LOCATE THE OWNER OF SUCH ANIMAL OR TO PROVIDE FOR
THE FOSTERING OR ADOPTION OF SUCH ANIMAL.  SUCH REASONABLE EFFORTS SHALL
INCLUDE, BUT NOT BE LIMITED TO, CHECKING THE ANIMAL  FOR  ALL  FORMS  OF
IDENTIFICATION,  SOCIAL  MEDIA,  AND  PLACING  A  PHOTOGRAPH AND GENERAL
DESCRIPTION OF SUCH ANIMAL, THE BREED OR BREEDS AND ANY OTHER  IDENTIFY-
ING  INFORMATION ON THE INTERNET. FOR PURPOSES OF THIS SUBDIVISION, WHEN
DETERMINING A REASONABLY  PRACTICABLE  PERIOD,  CONSIDERATION  SHALL  BE
GIVEN  TO  THE  NUMBER  OF  OTHER  ANIMALS AT THE SHELTER, THE SHELTER'S
CAPACITY FOR HOUSING AND CARING FOR ANIMALS, THE LENGTH OF TIME THAT THE
ANIMAL HAS BEEN IN THE SHELTER, AND THE ANIMAL'S HEALTH.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.